Our Legal Heritage: The First Thousand Years: 600 - 1600: King Aethelbert - Queen ElizabethReilly, S. A.
History
Our Legal Heritage: The First Thousand Years: 600 - 1600: King Aethelbert - Queen Elizabeth
Reilly, S. A.
Law -- England -- History
Still in existence is the old self-help law of hamsocne, the
thief hand- habbende, the thief back-berend, the old summary
procedure where the thief is caught in the act, AEthelstan's
laws, Edward the Confessor's laws, and Kent's childwyte [fine
for begetting a bastard on a lord's female bond slave]. Under
the name of "actio furti" [appeal of larceny] is the old process
by which a thief can be pursued and goods vindicated. As before
and for centuries later, the deodand [any personal chattel which
was the immediate cause of death] was forfeited "to God". These
chattel were usually carts, cart teams, horses, boats, and
mill-wheels.
Five cases with short summaries are:
CASE: "John Croc was drowned from his horse and cart in the water
of Bickney. Judgment: misadventur. The price of the horse and
cart is 4s.6d. 4s.6d. deodand."
CASE: "Willam Ruffus was crushed to death by a certain trunk. The
price of the trunk is 4d., for which the sheriff is to answer.
4d. deodand."
CASE: "William le Hauck killed Edric le Poter and fled, so he is
to be exacted and outlawed. He was in the tithing of Reynold
Horloc in Clandon of the abbot of Chertsey (West Clandon), so it
is in mercy. His chattels were 4 s., for which the bailiff of
the abbot of Chertsey is to answer."
CASE: "Richard de Bregsells, accused of larceny, comes and denies
the whole and puts himself on the country for good or ill. The
twelve jurors and four vills say that he is not guilty, so he is
quit."
CASE: William le Wimpler and William Vintner sold wine contrary
to the statute, so they are in mercy.
Other cases dealt with issues of entry, i.e. whether land was
conveyed or just rented; issues of whether a man was free, for
which his lineage was examined; issues of to which lord a
villein belonged; issues of nuisance such as making or
destroying a bank, ditch, or hedge; diverting a watercourse or
damming it to make a pool; obstructing a road, and issues of
what grazing rights were conveyed in pasture land, waste, woods,
or arable fields between harvest and sowing. Grazing right
disputes usually arose from the ambiguous language in the grant
of land "with appurtances".
Courts awarded specific relief as well as money damages. If a
landlord broke his covenant to lease land for a term of years,
the court restored possession to the lessee. If a lord did not
perform the services due to his superior lord, the court ordered
him to perform the services. The courts also ordered repair by a
lessee.
Debts of country knights and freeholders were heard in the local
courts; debts of merchants and burgesses were heard in the
courts of the fairs and boroughs; debts due under wills and
testaments were heard in the ecclesiastical courts. The
ecclesiastical courts deemed marriage to legitimize bastard
children whose parents married, so they inherited chattels and
money of their parents. Proof was by compurgation, the ordeal
having been abolished by the Church.
Public-domain text, read in full here on John Shaqi.
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